Wildberger v. Hartford Fire Insurance
Mississippi Supreme Court
FroM the chancery court of the second district of Coahoma county. PIoN. W. R. Trigg, Chancellor. In January, 1893, one Brenner, a merchant in Ciarksdale, was attached by a number of his creditors, and a bill was also filed for the appointment of a receiver, and, by the consent of all the parties in interest, including Brenner, R. H. Wildberger, the appellant, was appointed receiver, and took charge of the assets, consisting of a stock of merchandise.
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FroM the chancery court of the second district of Coahoma county. PIoN. W. R. Trigg, Chancellor. In January, 1893, one Brenner, a merchant in Ciarksdale, was attached by a number of his creditors, and a bill was also filed for the appointment of a receiver, and, by the consent of all the parties in interest, including Brenner, R. H. Wildberger, the appellant, was appointed receiver, and took charge of the assets, consisting of a stock of merchandise. The order of the court appointing him receiver, required him to take possession of the stock of goods levied on, and manage and conduct the…
1Opinion of the CourtWhitfield, J.
The cases mainly relied on by counsel for appellant are Thompson v. Insurance Co., 136 U. S., 287, and Northrup v. Insurance Co., 33 Am. R., 815, s.c. 48 Wis., 420. The former is wholly inapplicable. Kearney never was the agent of the insurance company, nor was Thompson. But Kearney, being receiver, was approached by the agent of the insurance company, and solicited to insure the trust property, which he did, and paid the premium out of the trust funds, prior to any order directing him to do so, and the company, when sued, set up, as one defense, that he had no authority so to use the trust…
2Cases cited5 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Barry v. SchmidtWisconsin Supreme Court · 1883
- Mercantile Mutual Insurance v. Hope InsuranceMissouri Court of Appeals · 1880
- Northrup v. Germania Fire InsuranceWisconsin Supreme Court · 1880
- Potter's Appeal from ProbateSupreme Court of Connecticut · 1887
3Cited by12 opinions
- Consumers Credit Corp. v. SwilleyMississippi Supreme Court · 1962
- Arispe Mercantile Co. v. Capital InsuranceSupreme Court of Iowa · 1907
- Durbin v. Northwestern Scraper Co.Indiana Court of Appeals · 1905
- Home Insurance v. North Little Rock Ice & Electric Co.Supreme Court of Arkansas · 1908
- Butler v. Bunge CorporationDistrict Court, N.D. Mississippi · 1971
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